What is the test for a retrial in a motor vehicle theft case?
California, United States of America
The following excerpt is from People v. Fernandez, F076386 (Cal. App. 2020):
Retrial is forbidden when "the judgment is reversed because, as a matter of law, the evidence was insufficient to support a conviction." (People v. Eroshevich (2014) 60 Cal.4th 583, 591.) Here, the evidence is insufficient to prove felony vehicle theft because there is no evidence establishing the vehicle's value. Fernandez may not be retried in an attempt to adduce additional evidence.
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